Sandeshkhali case: Setback for WB govt, Calcutta HC instructs TMC's Shahjahan Sheikh to surrender

"We will ask him (Shahjahan Sheikh) to surrender, let's see what he does," the court said, adding, "What's more important is that the person who has masterminded the whole thing is still absconding."

The Calcutta High Court on Tuesday strongly criticized the West Bengal government on Tuesday for Trinamool Congress leader Sheikh Shahjahan's involvement in the ongoing violence in the Sandeshkhali area, highlighting the state police's failure to arrest him for over 19 days. The court also announced its intention to compel Sheikh Shahjahan to surrender.

This development unfolded during a hearing by a division bench comprising Chief Justice TS Sivagnanam and Justice Hiranmay Bhattacharya, addressing the state's plea against previous High Court orders. These orders had overturned the imposition of Section 144 CrPC in the area and granted permission to Leader of Opposition Suvendu Adhikari, along with another opposition MLA, to visit and engage with affected individuals in the region.

"We will ask him to surrender, let's see what he does," the court said, adding, "What's more important is that the person who has masterminded the whole thing is still absconding."

"He cannot be encouraged by the state dispensation. There is a prima facie material to show he has done damage and if he is defying the law, the government should not be supporting him," the court observed.

Multiple women in Sandeshkhali have leveled allegations against Sheikh Shahjahan and his associates, accusing them of "land-grabbing and sexual assault" under coercion. Shahjahan has been on the run since a mob, purportedly linked to him, assaulted Enforcement Directorate officials during a search of his premises related to a ration scam on January 5.

"The state police are unable to apprehend him despite various IPC offences against him as well as after the attack on the ED officials. Therefore, a larger view of the matter has to be taken by the state," the court said.

"We have seen the grievances, the women of the area have flagged several issues, and there has been some land grabbing of tribal people. This person (Sheikh Shahjahan) cannot be on the run. The state cannot support it. In the suo moto matter, we'll ask him to surrender here. He can't be defying the law," it added.

"We don't know if he's protected but he is unable to be secured. That could mean that state police are not able to secure him, or he is outside their jurisdiction. Let people speak out," the bench observed.

"Just because people say something, the accused will not become a convict. Even if there are a thousand false claims, but one genuine claim, you have to investigate. If you shut them out, that will not work," the court added.